The defendant shall be innocent.

1. The summary of the facts charged is as follows: (a) the Defendant: (b) from February 2, 2012 to April 2012, 2012, the Daejeon East-gu Seoul Market Remodeling Corporation (hereinafter “instant Corporation”); and (c) “D” (hereinafter “D”).

Around January 20, 2012, E, the representative of the said company, received the total of KRW 5 million from E, around February 28, 2012, KRW 5 million around February 20, 2012, KRW 10 million around March 28, 2012, KRW 10 million around March 30, 2012, and KRW 30 million under custody for the said company as site expenses, while paying KRW 4 million on February 20, 2012, under the pretext of lighting and US personnel expenses, etc., and embezzled KRW 4.5 million for personal purposes at will around that time.

2. Determination

A. The summary of the facts charged of this case is that the Defendant embezzled a part of the charges for personal use while working as the Director at D’s site and being in custody of the site guard.

In this regard, the defendant asserts that he did not work as the head of D's site, but as he was awarded a subcontract for the construction of this case from D, he did not have the status of a custodian for D's work payment received from E.

In light of the following circumstances acknowledged by the evidence duly investigated and adopted in this court, it is insufficient to recognize the fact that the testimony of E or the statement to the investigation agency of E is the fact that the defendant was working as the site director of D, and there is no other evidence to acknowledge it.

(1) The E asserts that the defendant was working as the head of the above company.